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Product Liability
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November 05, 2025
Everclear Maker Wants Plaintiff's Atty Gagged For Harassment
Everclear's manufacturer has asked a Massachusetts federal judge to order an attorney representing an international exchange student claiming to have suffered third-degree burns fueled by the high-proof spirit to stop sending harassing emails and otherwise trying to upend the trial through public disclosures made in social media posts.
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November 05, 2025
Firepit's Lithium-Ion Battery Caused Blaze, Suit Says
A combination speaker and outdoor firepit's lithium-ion battery catastrophically failed and caused a fire that damaged its owner's property, according to an amended complaint filed Wednesday in Ohio federal court by the owner's insurer.
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November 05, 2025
Black Rifle's 'America's Coffee' Isn't Made In The US, Suit Says
Military-themed coffee retailer Black Rifle Coffee deceptively labels its products as "America's Coffee" with an American flag that implies they're made in the United States, despite that the sourcing, processing and production of the coffee takes place elsewhere, alleges a proposed class action filed in California federal court.
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
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November 05, 2025
After Atty DQ, Family Preserves Claims Against Home Depot
A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.
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November 05, 2025
6th Circ. Says Asbestos Reinsurance Fight Can't Be Rehashed
An Amerisure unit can't seek reimbursement from reinsurer Swiss Re for defense costs paid in underlying asbestos litigation against a building material manufacturer, the Sixth Circuit affirmed, saying the issue has already been decided in arbitration proceedings with another reinsurer.
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November 05, 2025
Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit
A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.
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November 04, 2025
High Court Justices Mull Removal Issues In Baby Food Case
The U.S. Supreme Court on Tuesday grappled with whether a suit against Hain Celestial Group and Whole Foods over allegedly tainted baby food was properly removed to federal court, as some justices voiced concerns about depriving plaintiffs of their choice of forum.
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November 04, 2025
Philip Morris, RJR Owe For Woman's Lung Cancer, Jury Told
The family of an Italian immigrant who died of lung cancer after smoking for decades went to trial Tuesday against Philip Morris and R.J. Reynolds, telling a Massachusetts state jury that her experience was "not unique" from millions of others who have trodden the same path of addiction.
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November 04, 2025
J&J, Kenvue Must Still Face IPO Fraud Claims, Judge Rules
A New Jersey federal judge refused to reconsider his previous decision not to dismiss IPO fraud claims against Johnson & Johnson and its spinoff Kenvue Inc., finding there was no clear error of law or fact that needed any correction.
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November 04, 2025
IRhythm Investors Seek Class Cert. In Heart Device Suit
Investors in digital healthcare company iRhythm Technologies are seeking certification of a class that bought shares of the company over a roughly two-year period during which it allegedly concealed issues with its Zio AT heart-event monitoring device.
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November 04, 2025
LastPass Reports Settlement With Data Breach Class
Password manager app LastPass told a Massachusetts federal judge Tuesday that it has reached an agreement in principle to settle a consolidated class action over its 2022 data breach.
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November 04, 2025
Mass. Attys Split As Punitive Damages Rules Go To Top Court
A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.
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November 04, 2025
Covington, Reed Smith Sue Vyaire Over Lost Fees
Covington & Burling LLP and Reed Smith LLP have brought an adversary lawsuit against onetime ventilator maker Vyaire Medical and its Chapter 11 plan administrator in Delaware bankruptcy court, alleging the company has failed to pay the law firms after it settled a dispute over product recall insurance coverage.
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November 04, 2025
Grindr Gets Teen Death Suit Sent To Arbitration
A Florida federal judge has sent to arbitration a suit against Grindr LLC over the death of a 16-year-old girl who was lured in by a 35-year-old man on the platform, finding that federal law does not block arbitration here.
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November 04, 2025
Judge Won't Yet OK Boeing Whistleblower Suicide Settlement
A lawsuit accusing Boeing of instigating a "campaign of harassment" against a whistleblower leading to his suicide remains ongoing after a South Carolina federal judge declined to approve a $50,000 settlement, saying that the confidential terms of a separate but related deal prevent her from knowing if this agreement is fair.
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November 03, 2025
What's In Store For Hain Baby Food Case At The High Court
In a baby food case against Hain Celestial and Whole Foods, the U.S. Supreme Court on Tuesday will consider whether an appellate court must vacate a final judgment when it has determined that a district judge wrongly dismissed a non-diverse party in a suit originally brought in state court and removed to federal court.
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November 03, 2025
Couple Trapped In Tesla During Fatal Fire, Wis. Family Claims
Tesla Inc. turned a "survivable crash into a fatal fire" through multiple design defects in its Model S car, according to a Wisconsin state court lawsuit filed by the family of a couple who died trapped inside one when it erupted into "big flames."
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November 03, 2025
5th Circ. Wary Of Greenlighting Texas Content Filter Law
A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.
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November 03, 2025
Adhesives Co. Seeks AIG's Defense In Faulty Grout Row
Adhesives manufacturer H.B. Fuller Co. told a Minnesota federal court that an AIG unit has breached its duty to defend the company in a proposed class action over the company's Power Grout product, alleging the unit "has abandoned" the company amid ongoing mediation talks in the underlying case.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
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November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted
States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
Expert Analysis
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.